OSBORNE HOMES ONLINE USER AGREEMENT AND PRIVACY POLICY

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ANY Osborne Homes WEB SITE (COLLECTIVELY, THE “WEB SITE” OR “SERVICE”) YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF, AND BE LEGALLY BOUND BY, THIS ONLINE USER AGREEMENT AND PRIVACY POLICY (THIS “AGREEMENT”) BETWEEN YOU AND Osborne Homes. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITE.

1. GENERAL INFORMATION.1.1. Changes. The Web Site is provided by Osborne Homes. Osborne Homes reserves the right, at its discretion, to change the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of the Web Site. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of the Web Site. 1.2. Notices of Changes. Any notice or statement of changes/modifications described in Section 1.1 above will be displayed online, and any such display shall constitute effective notice under this Agreement for all purposes. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. Additionally, your continued use of the Web Site after the posting of any notice of a change in the terms and conditions shall constitute your acceptance to be bound by the express terms of any such changes.

2. THE SERVICE AREA. 2.1. The “Service Area” shall mean all areas and aspects of the Service including, without limitation, text, data, photos, graphics and/or video or any information whatsoever obtained through the Web Site (collectively referred to herein as “Information”), Osborne Homes’ computers or network and any subscription or software, product, service, or information provided by Osborne Homes. Osborne Homes has entered into contractual relationships with certain vendors, sponsors, and advertisers of products or services (the “Vendors”), pursuant to which Osborne Homes may link to or display Information, advertisements, discounts, products, goods, or services offered by the Vendors. Osborne Homes does not guarantee the availability or accuracy of any such Vendor Information or offers, nor does it endorse, guarantee nor insure any Vendor products or services. 2.2. Osborne Homes shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Service, (b) Vendor Information, or (c) Vendor products or services. Statements made on the Service Area concerning the products or services of Osborne Homes do not constitute an offer, but are merely solicitations of an offer.

4. ACCESS AND DELAYS IN SERVICES.
Osborne Homes, its affiliates, subsidiaries, and Vendors shall have no responsibility to provide you access to the Web Site. Further, Osborne Homes, its affiliates, subsidiaries, and Vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.

5. MONITORING OF SITE.
You acknowledge that Osborne Homes reserves the right to, and may from time to time, monitor for all lawful purposes any and all Third-Party Content transmitted or received through the Service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Third-Party Content, including personal information, placed on or sent over the Service may be monitored. Use of the Service, authorized or unauthorized, constitutes consent to such monitoring and to the other terms of this Agreement.

6. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY. 6.1. General Disclaimer and Limited Warranty. You acknowledge that certain aspects of the Information and/or Vendor Information and links provided through the Web Site are compiled from sources which may be beyond the control of Osborne Homes. Though such Information and links are recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur. Osborne Homes, its licensors and Vendors do not warrant the accuracy or suitability of any such Information. Neither Osborne Homes nor its licensors or Vendors represent or endorse the accuracy or reliability of the Information distributed through the Service. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEB SITE IS PROVIDED TO YOU ON AN “AS IS WITH ALL FAULTS BASIS.” Osborne Homes AND ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, Osborne Homes AND ITS LICENSORS AND VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT. 6.2. You assume all risk of errors and/or omissions in the Web Site, including the transmission or translation of data. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Web Site, including the Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement. 6.3. Viruses. YOU ACKNOWLEDGE AND AGREE THAT Osborne Homes USES REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THE WEB SITE OR THE INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD Osborne Homes HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION. 6.4. LIMITATION OF LIABILITY. YOU AGREE THAT Osborne Homes AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO Osborne Homes BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF Osborne Homes OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 6 SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 6.5. FTC NOTICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

7. INDEMNIFICATION. YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND INDEMNIFY AND HOLD HARMLESS Osborne Homes AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS OF WHATEVER TIER (COLLECTIVELY, THE INDEMNITEES) FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS’ FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND USE OF THE WEB SITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEB SITE. THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.

8. PRIVACY. 8.1. Privacy. Records of your use of the Web Site is the sole property of Osborne Homes and is protected by and subject to the U.S. Electronic Communications Privacy Act, as amended, or any successor statute. Osborne Homes reserves the right to use such information for its marketing, franchising and membership endeavors. Your personally identifying information will not be shared with any third party, with the following exceptions: A. Information that Osborne Homes in good faith determines is legally required to be revealed by any relevant statute, regulation, ordinance, rule, administrative or court order, decree, or subpoena; B. Information revealed during the course of Osborne Homes’ enforcement of the policies and procedures of the Web Site, the terms of this Agreement, or during the course of any disciplinary actions; C. Information in a manner expressly permitted by the provisions of this Section 8; D. Information that Osborne Homes in good faith determines must be disclosed to correct what it believes to be false or misleading information or to address activities that Osborne Homes believes to be manipulative, deceptive or otherwise a violation of law; or E. Unless you are otherwise notified at the time we collect the data. Note also, your electronic mail address may become public when you participate in Web Site electronic forums. 8.2. Privacy of Minors. Protecting the privacy of children is especially important. Osborne Homes does not knowingly collect information about children and will delete any such information that it discovers or is made aware of. 8.3. Nonpublic Personal Information. “Nonpublic Personal Information” is the nonpublic information about you that is obtained from you in connection with providing you a financial product or service such as a loan or mortgage. Osborne Homes and its advertisers may collect nonpublic personal information from the online forms you complete in order to obtain the financial product or service, from information collected as a result of your transactions with Osborne Homes, our advertisers or others, and from consumer reporting agencies.
Osborne Homes will not disclose any nonpublic personal information about our current or former customers and consumers to anyone, except as permitted or required by law, or as described below.
We may disclose all of the information we collect about you to our affiliates who offer related goods and services, and to nonaffiliated third parties that perform services on our behalf, including marketing services, or other financial institutions with whom we have joint marketing agreements.
If we collect nonpublic personal information from you to provide third-party financial products and services requested by you, such third-party’s use of your personal information will be subject to their privacy policy as disclosed to you by them.
We have procedures in place that limit access to nonpublic personal information to those employees and other individuals who need to know such information to provide products and services to you. We will maintain physical, electronic, and procedural safeguards to protect the confidentiality of your nonpublic personal information as required by law.

9. UNSOLICITED E-MAIL AND DIRECT MARKETING. 9.1. Unsolicited E-mail. Osborne Homes supports responsible e-commerce. Osborne Homes does not authorize anyone to use the Service to broadcast, distribute, transmit or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail (“SPAM”). 9.2. Electronic Direct Marketing Programs. Osborne Homes may develop and participate in electronic direct marketing to users of the Web Site who elect to receive electronic mail of specific interest to them. In keeping with this Agreement, Osborne Homes does not forward the names and addresses (electronic or otherwise) to third parties. Advertisers who participate in Osborne Homes’ electronic direct marketing programs identify the category of users who would most likely be interested in their goods and services. Osborne Homes then forwards the advertisements to users who have elected to receive that category of electronic mail. Users may elect to not receive similar electronic mail by requesting that their e-mail address be removed from the mailing list by selecting the appropriate option included with each e-mail advertisement sent by Osborne Homes. In addition, users may elect to be removed from such lists at any time by sending a message to the System administrator at webmaster@Osborne Homes.com. 9.3. Reporting SPAM. Users who receive SPAM or any threatening or offensive e-mail through the Services may report it to Osborne Homes by forwarding the unedited message with the full message header to webmaster@Osborne Homes.com. 9.4. Reservation of Rights. Osborne Homes reserves the right to take all legal or technical steps that it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the Service of SPAM, junk e-mail, threatening or offensive e-mail, or e-mail otherwise determined by Osborne Homes, in its sole discretion, to be objectionable. HomeVesters reserves the right to suspend or terminate any person or entity’s use of or access to the Service if it determines, in its sole and absolute discretion, that such person has used or intends to use the Service in violation of this policy. A failure of Osborne Homes to exercise any right provided for herein shall not be deemed to be a waiver of such right.

10. MISCELLANEOUS 10.1. Governing Law; Limitations; Venue. The laws of the State of California, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern this Agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Service as contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose. Further, any such claim or cause of action shall be brought EXCLUSIVELY in the state or federal courts located in Dallas County, Texas, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the state or federal courts of Dallas County, Texas, are an inconvenient forum. 10.2. Assignments. You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Osborne Homes. Any assignment other than as provided for in this Section 10.2 shall be null and void. 10.3. Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement. 10.4. U.S. Government Restricted Rights; Export. The materials on the Web Site are provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of Osborne Homes’ proprietary rights in them. You may not use or export the Information or any other materials in this Web Site in violation of U.S. export laws and regulations. 10.5. Termination. Osborne Homes may terminate or suspend your use of the Web Site for any reason. Termination or cancellation of your use of the Web Site shall not effect any right or relief to which Osborne Homes may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Osborne Homes. 10.6. Notice. Official correspondence must be sent via postal mail to:
OsborneHomes.com
7388 N Remington Ave,
Suite 101, Fresno, CA 93720

10.7. Entire Agreement. This Agreement is complete and effective at the time you begin use of the Service. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Osborne Homes. In the event that any inconsistencies exist between this Agreement and any future published terms or understanding, the last published Agreement or terms of use shall control.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Osborne Homes OF AMERICA, INC.